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Tue Jul 6, 2021, 01:01 PM

The Supreme Court's Conservatives Have Laid the Groundwork for the Devastation to Come

The Supreme Court’s Conservatives Have Laid the Groundwork for the Devastation to Come
https://slate.com/news-and-politics/2021/07/supreme-court-conservatives-destroy-voting-rights.html

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Look a bit closer at the court’s two bitterly divided voting rights cases this term, and we can see where this Supreme Court is headed next. Back in October, before Barrett joined the bench, the justices split 4–4 over the Pennsylvania Supreme Court’s modest extension of the deadline for mail ballots. At the time, it was easy to see what the four hardcore conservatives were teeing up: A postelection Bush v. Gore–style case in which the Supreme Court handed itself the power to nullify thousands of legal ballots. To do so, they tried to stop state judiciaries from protecting voting rights under their state’s constitution—a notion that was too radical even for the Bush v. Gore majority and constituted a direct assault on states’ rights to set their own election rules. They also floated Trumpian conspiracy theories designed to undermine public confidence in the integrity of the election. And they even suggested that Democratic election administrators were meddling with ballot.

But the Four Horsemen lost, and Donald Trump lost much too decisively for them to get a rematch. In the months that followed, Republicans flooded the courts with frivolous lawsuits attempting to overturn the election. These challenges, it cannot be stressed enough, were meritless nonsense—a symptom of the rot at the heart of the conservative legal movement that never stood a chance in court. Yet when the Supreme Court predictably turned them away, the conservative justices received praise for staying out of the election. Even Justice Stephen Breyer lauded the court for staying out of the conflict. But the Supreme Court did get involved in the 2020 election. The conservative justices fought hard to disqualify a huge number of valid mail ballots in swing states like Pennsylvania and North Carolina. Just because they did not succeed, and declined to hop on Sidney Powell’s crazy train to Kraken town afterward, does not mean they didn’t try.

Now fast-forward to Thursday’s 6–3 decision in Brnovich v. DNC mangling what remains of the Voting Rights Act beyond all recognition. As Justice Elena Kagan wrote in dissent, the majority opinion is a “law-free zone.” It rewrote the VRA to strip protections from racial minorities who are currently being targeted by voter suppression laws around the country. Roberts and Barrett sided with the rest of the conservatives to ensure that a substantial number of minorities will struggle to access the ballot in 2022 and beyond—if they manage to cast a vote at all. There was no compromise here, as in Fulton, no 3-3-3 split that divided the conservatives. When it came to eviscerating the VRA, the Republican-appointed justices spoke with one voice
Decisions like Brnovich hedge against the necessity of a future Bush v. Gore. Why wait until the eve of an election to disenfranchise voters when you can do it in the middle of the summer of an off year? If we pluck out these two major voting cases and examine them side by side, we see an alarming trend: an overt hostility to democracy and to equal access to the ballot. If we look at Brnovich sandwiched in between compromises like Fulton, by contrast, it might not seem that bad—a conservative victory, yes, but one of just a few decisions that fractured the court along ideological lines.

Decisions like Brnovich hedge against the necessity of a future Bush v. Gore. Why wait until the eve of an election to disenfranchise voters when you can do it in the middle of the summer of an off year? If we pluck out these two major voting cases and examine them side by side, we see an alarming trend: an overt hostility to democracy and to equal access to the ballot. If we look at Brnovich sandwiched in between compromises like Fulton, by contrast, it might not seem that bad—a conservative victory, yes, but one of just a few decisions that fractured the court along ideological lines.

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Reply The Supreme Court's Conservatives Have Laid the Groundwork for the Devastation to Come (Original post)
dajoki Jul 2021 OP
lark Jul 2021 #1

Response to dajoki (Original post)

Tue Jul 6, 2021, 02:42 PM

1. They want a revolution, but they want it to appear evolutionary, so they are painting that pix now.

They say - Nothing wrong with Repug legislatures giving themselves the ability to overturn any election, if they FEEL there's been fraud, no proof required. They are destroying Democracy while trying to pretend it's business as usual. That's why they didn't back drumpf, too sudden and revolutionary, not their preferred sneaky theft of democracy. They want a right wing authoritarian in charge, but someone a whole lot smarter than TFG, who is better at pretending normalcy.

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